State v. Bull

WERTHEIMER, J.S.C.

The question before this court is whether defendant may pursue a “Claim of Right” pursuant to N.J.S.A. 2C:20-2(c) in defense of a first degree robbery charge. Defendant was indicted for, among other charges, “committing a theft while armed with a deadly weapon” contrary to the provisions of N.J.S.A. 2C:15-1.

Defendant’s alleged victim testified at trial that defendant approached her shortly after midnight on April 30, 1990 while she was walking home, pulled a knife, placed it to her throat and demanded her money. Defendant took the stand in his own behalf and denied he…